ART. 88] SLANDER OF FEMALES. 1959

ARTICLE LXXXVIII

SLANDER OF FEMALES.

1, Slanderous words against chastity of. 2. Slandered female, whether married or single, may sue for.

3. If an infant, by prochein and. 4. Husband may sue for such slander, when.

1904, art. 88, sec. 1. 1S88, art. 88, sec. 1. 1860, art. 89, sec. 1. 1838, ch.
114, sec. 1. 1888, ch. 441.

1. All words spoken falsely and maliciously touching the char
acter or reputation for chastity of any woman, whether single or mar-
ried, and tending to the injury thereof shall be deemed slander, and
shall be treated as such in the several courts of law in this State.

For words slanderous per se under this section, see Brinsfield v. Howeth,
110 Md. 526; Cairnes v. Pelton, 103 Md. 45; Shilling v. Carson, 27 Md. 183;
Terry v Bright, 4 Md. 434; cf. Brinsfield v. Howeth, 107 Md. 282.

This article does not fix the measure .of damages, the same being deter-
mined by the principles of the common law. Exemplary damages. Wilms v.
White, 26 Md. 388.

A woman Is expected to be ready to vindicate her chastity. Every woman
Is presumed to be chaste. Damages. Shilling v. Carson, 27 Md. 183.

Purpose of this section; a sufficient reference thereto in the declaration.
Terry v. Bright, 4 Md. 434.

This section changes the common law. Cairnes v. Pelton, 103 Md. 45;
Hemming v. Elliott, 66 Md. 199; Wagamau v. Byers, 17 Md. 187.

For a form of declaration in an action of slander, see art. 75, sec. 24, sub-
sec. 34.

Ibid. sec. 2. 1888, art. 88, sec. 2. 1888, ch. 444.

2. Any woman, whether single or married, whose character or repu-
tation as a woman of chastity may be traduced or defamed by any per-
son may sustain an action of slander in her own name against such
person.

See notes to sec. 1.

Ibid. sec. 3. 1888, art. 88, sec. 3. 1888, ch. 444.

3. If the woman, so injured, shall be a feme sole under the age of
eighteen years she may prosecute such action of slander by her prochein

and.

Cited but not construed in Hemming v. Elliott, 66 Md. 199.

Ibid. sec. 4. 1888, art. 88, sec. 4. 1888, ch. 444.

4. The husband of any female may prosecute and sustain an action
of slander against any person for words falsely and maliciously spoken
subsequently to her marriage touching her character or reputation for
chastity before or during her marriage.

It is error to join the wife with the husband in a suit under this section-
Hemming v. Elliott, 66 Md. 199.

A discharge in insolvency does not release a judgment for defaming a female
—art 47, sec. 33.

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